Free Order of Detention - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cr-00845-MHM Document 35 Filed 08/29/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs. Daniel Edward Lurye, Defendant.

) ) ) ) ) ) ) ) ) ) )

CR 03-845-1-PHX-MHM

ORDER

A detention hearing and a preliminary revocation hearing on the Petition on Supervised Release were held on August 23, 2005. THE COURT FINDS that the Defendant has knowingly, intelligently, and voluntarily waived his right to a detention hearing and a preliminary revocation hearing and has consented to the issue of detention being made based upon the allegations in the Petition. THE COURT FURTHER FINDS that the Defendant has failed to sustain his burden of proof by clear and convincing evidence pursuant to Rule 46(c) FED.R.CRIM.P. that he is neither a flight risk nor a danger to the community. United States v. Loya, 23 F.3d 1529 (9th Cir. 1994).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 court.

IT IS ORDERED that the Defendant shall be detained pending further order of the

DATED this 23rd day of August, 2005.

-2Case 2:03-cr-00845-MHM Document 35 Filed 08/29/2005 Page 2 of 2